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HGF Presents

Bioinformatics at the EPO

September 2025

Video overview:

New Medical Products

  • 8 years of data exclusivity, followed by 2 years of market exclusivity.
  • +1 year market exclusivity possible for a new indication showing significant clinical benefit.
  • No exclusivity granted for new formulations or routes of administration of the same active substance.

Orphan Drugs

  • 10 years of exclusivity for treating rare diseases.
  • Exclusivity is indication-specific — multiple periods are allowed for different orphan indications.

Paediatric Exclusivity

  • Completing a Paediatric Investigation Plan (PIP):
    • Adds 6 months to the product’s SPC.
    • Or 2 years added to orphan exclusivity.

General Principles

  • Up to 11 years of protection for preclinical and clinical data used in marketing authorisation.
  • Regulatory exclusivity is independent of patents, offering a separate layer of protection.

Critical to assess exclusivity status when evaluating loss of protection or generic entry risk.

Latest updates

Regulatory Exclusivity for
Medicinal Products in Europe

Video overview: New Medical Products 8 years of data exclusivity, followed by 2 years of market exclusivity. +1 year market exclusivity possible for a new indication showing significant clinical benefit. No exclusivity granted for new formulations or routes of …

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Added Matter - Part 2

Video overview: Pre- and Post-Grant Amendments are governed by Articles 123(2) & 123(3) EPC respectively Before grant, amendments can broaden the claim scope as long as the resulting claim is …

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Added Matter - Part 1

Video overview: What is Added Matter? Added matter occurs when an amendment introduces content that goes beyond what was originally disclosed in the application as filed (Article 123(2) EPC). EPO …

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Patenting Polymorphs at the EPO

Video overview: Novelty and Inventive Step Prior art must necessarily lead to the claimed polymorph to be novelty destroying Watch out for inherent disclosures in prior art—methods may implicitly produce …

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Antibodies

Video overview: EPO Requirements for Antibody Applications The EPO Guidelines (G-II, 6) provide a standardised framework for antibody-related patent issues. Antibodies can be defined by various aspects, including but not …

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Description Amendment Requirements at EPO

Video overview: At the final stage of prosecution, the EPO increasingly insists each patent description must align with the allowed claims to improve clarity and eliminate inconsistencies. However, this strict …

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Computer-implemented Inventions

Video overview: To obtain a patent for a CII in Europe, two main hurdles must be cleared: Eligibility A claim must have technical character—even one technical feature is enough. Examples …

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Bioinformatics at the EPO

Video overview: New Medical Products 8 years of data exclusivity, followed by 2 years of market exclusivity. +1 year market exclusivity possible for a new indication showing significant clinical benefit. …

Read article